Court : Orissa
Reported in : 83(1997)CLT440; 1997(I)OLR222
..... cases of mangal singh and ors. v. smt. rattno(dead)by her legal representatives and anr. air 1967 sc 1786 and upper india cable co and ors. v. bal kishan : air 1984 sc 1381.15. the learned counsel for the opposite parties has supported the order of the revisional authority from another angle. his. submission is that ..... tracing their relations inter se to an implied agreement which clothes each with a representative capacity in reference to ' his co-sharers. each must be deemed to be acting not only for himself but for all his dealings with regard to joint property and business. accordingly any acquisition made by any one member should be considered to have ..... . from the analysis of the rival contentions it becomes beamingly clear that the sole controversy rests on the issue whether the order of settlement passed under the oea act would enure to the benefit of others if parties are governed by mohammedan law.6. before we go to the different aspects of mohammedan law and the extension .....
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT648; 1998CriLJ1130; 1997(II)OLR383
..... been printed, there would have been no scope for a grievance as stated by the petitioners.14. the news-reporters, printers and publishers appear to have acted without care and caution. the printers, publishers and news-reporters have tendered unqualified apology and the learned counsel appearing for them in this court submitted that the ..... law of contempt of courts are intended to uphold and ensure the effective administration of justice, both civil and criminal. in india, the contempt of courts act, 1971 holds the field.'to speak generally, contempt of court may be said to be constituted by any conduct that tends to bring the authority and ..... the articles published relating to certain pending cases have caused slur on the image of the judicial dignity, and integrity of the judges have been doubted. such acts, according to them, are clearly contemptuous, and call for stringent action. the printer, publisher and the concerned journalists have tendered apologies. the journalists of the two .....
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT692; 1997(II)OLR499
..... as the relationship does not come within the categories indicated in rule-6 of chapter-ii of part-vi of the bar council of india rules framed under the advocates act, 1961, and as shri dash had earlier appeared in some other cases before a division bench of which i was a member, and particularly in view of the urgency of .....
Tag this Judgment!Court : Orissa
Reported in : 2000ACJ714; 85(1998)CLT485
..... appellant insurance company having issued the policy on receipt of the cheque for the major part of the premium in contravention of section 64vb of the insurance act, it cannot claim immunity thereunder to absolve itself from the liability. the claim of the third party, therefore, cannot be defeated for the self-created predicament ..... insurance to cover the bus without receiving the premium therefor. by reason of the provisions of sections 147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy award of compensation in respect thereof notwithstanding ..... been cancelled by the insurance company.5. before considering the rival contentions of the learned counsel for the parties, the provisions of section 64vb of the insurance act, 1938 which are quoted below, need consideration:section 64vb. no risk to be assumed unless premium is received in advance.-(1) no insurer shall assume any .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT280; (1998)ILLJ1084Ori
..... agent for extraction of bamboos of all species from government forests and trade thereof was expedient to be appointed and, accordingly, in exercise of powers under the said act read with sub-rule (7) of rule 3 of the orissa forest produce (control of trade) rules, 1983, the state government appointed the orissa forest ..... a representation to the vice- president (forest), straw products ltd., rayagada against their illegal retrenchment alleging non-compliance with the mandatory provisions of the industrial disputes act, 1947. a copy of the said representation was also sent to the district labour officer, rayagada with a prayer to intervene in the matter. the district ..... service, the state government issued a notification on september 21, 1988 under sub-section (3) of section 1 of the orissa forest produce (control of trade) act, 1981 in pursuance of which the trade of bamboo was nationalised with effect from october 1, 1988. the orissa forest corporation limited was entrusted with the work .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR408
..... once the registered dealer obtains certificate authorising him to purchase the goods mentioned therein, he is entitled to get 'c form from the officer authorised under the act to issue, xxxxxx. therefore the contractor executing works contract is a dealer entitled to receive 'c forms from the prescribed authority.'9. the inevitable conclusion ..... to payment of tax on the transfer of property in goods involved in the execution of works contract and rate thereof (1) notwithstanding anything contained elsewhere in this act, - (a) any transfer of property in goods (whether as goods or insome other form, involved in the execution of a works contract (hereinafter referred to ..... distinct from ordinary turnover.2. in each case, petitioner's prayer for insertion of certain goods in the certificates of registration issued under the act and the central act in order to enable it to purchase goods free of tax/concessional rate has been turned down by the sales-tax authorities. consequentially prayer for .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT686; 1999(II)OLR117
..... is not void and the remedy of the employee is to be proceeded under section 33a. secondly, the prohibition under section 33 of the i.d. act operates from the commencement of conciliation proceeding. in non-public utility service commencement of conciliation is only from the date specified by the conciliation officer in his ..... that such dispute shall be either treated as an industrial dispute or says that it shall be adjudicated by any of the forums created by the industrial disputes act. otherwise, recourse to civil court is open'.10. according to the supreme court, a dispute involving the recognition, observance or enforcement of rights and obligations created ..... further action against the petitioner no. 1 on the strength of the certified standing orders till the disposal of appeal before the appellate authority under the standing orders act or till the disposal of the suit, whichever is earlier. on july 3, 1997 the opp. party filed an application under section 151, civil procedure code for .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ876; 2001(I)OLR1
..... of 1997 rejecting petitioner's application to discharge him from the charges framed against him under sections 498a and 506, ipc read with section 4 of the dowry prohibition act.2. the petitioner challenges the impugned order on the ground that the charge-sheet so submitted and the materials presented before the court. if taken in their entirety, ..... petitioner), after investigation. the c.b.i, filed charge-sheet only against the petitioner under sections 506 and 498a, ipc read with section 4 of the dowry prohibition act. the other persons so named in the fir were not charge-sheeted. the petitioner filed an application before the trial court to discharge him from the charges framed against ..... hon'ble high court. subsequently the c.b.i. filed charge-sheet against the petitioner under sections 498a. 506. ipc and under section 4 of the d.p. act in spe case no. 4 of 1997.(iv) that the petitioner has filed the aforementioned case to quash the charge framed against him.(v) that the petitioner filed .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ1004
..... the disproportionate assets of the accused then that would be available to the court for appropriate punishment keeping in view the provision in section 16 of the prevention of corruption act, 1988.he further argued that such a solution to the situation is not opposed to the above stated principle enunciated by the apex court.7. mr. ray also argued that .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT537
..... declaration of hiwl as a relief undertaking to government of orissa which will be considered by government on merit under the provision of orissa relief undertaking (special provision) act, 1983.further, the minutes of the meeting dated 25.4.2005 in presence of idcol, m/s. varsha fabrics pvt. ltd., hiw workers union and ..... industrial workers have a right to approach the labour court or industrial tribunals for adjudication of their rights subject to the limitations contained in the industrial disputes act. like all citizens industrial workers also have the right to approach civil courts for redressal of their wrongs. the decisions rendered by the civil labour and ..... hiw was converted into a limited company with the nomenclature of hirakud industrial works limited as a wholly owned subsidiary of idcol being incorporated under the companies act, 1956 on 18.1.1993 with its registered office at hirakud in the district of sambalpur. the function of hiw was fabrication of tower and sub-station .....
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